NSW government to review Thoroughbred Racing Act as Rosehill deadline nears

The NSW government has revealed it will conduct a review into the Thoroughbred Racing Act which governs racing in the state as it prepares to publish its official response to the Rosehill parliamentary inquiry this week.

Racing Minister David Harris, who has been at arm’s length from the Rosehill proposal, said during a parliamentary estimates hearing this week that he had decided to review the Act, which was first established in 1996.

A review is one of five recommendations made by the Rosehill Select Committee in its final report released in December. The Minns government has until Thursday to release its formal response to that report.

But Harris said he and his team were already in the process of getting that review started.

“There will be a statutory review. We’re currently going through the process of finding the person who will undertake that review,” he said.

“We are trying to find any potential conflicts of whoever that person might be and have them be fully independent, but with an understanding of the racing industry. As you might expect, that’s not an easy task.”

Pressed further on the review, Harris said planning was still in the early stages.

“The terms of reference aren’t finalised yet, but the content of them would be a matter for the Minister and his colleagues in government to determine,” he said.

It is the first indication that the Minns Government has responded to the five recommendations of the Select Committee, which conducted a thorough review not only of the ATC’s unsolicited proposal, but the power and function of racing in the state, and the role of Racing NSW.   

Recommendation 2 involved the Legislative Council giving consideration to establishing an inquiry into the operations of Racing NSW. It is not known as yet what the government response may be to that.

Among the concerns raised in Select Committee hearings about Racing NSW’s structure and  operations were:

– the use of delegated authorities from the board

– the role Racing NSW played in the Rosehill sale proposal process and where the proceeds from any sale would be distributed

– the function of the integrity arm of Racing NSW and the role of CEO Peter V’landys within that

– the role of the Integrity Assurance Committee

– the lack of a specific HR function at Racing NSW and the workplace culture

– the accountability of Racing NSW to the government through government reporting

– the conduct of Racing NSW during the Committee, including possible contempt of parliament

Another Racing NSW matter was raised with Minister Harris on Tuesday by independent MP Mark Latham.

Analysis: What does the Rosehill report really mean for Racing NSW?

Bren O’Brien examines the possible impacts on Racing NSW and the broader racing industry from the recently released Rosehill Select Committee report.

The StraightBren O’Brien

He queried a property deal regarding a house adjoining Bathurst racecourse, which submitted documents show was transferred to the ownership of Racing NSW from then deputy chair and now chair Saranne Cooke for $1 in 2022.

Harris has said he will have a “proper look” into the circumstances of that transaction.

In terms of what else the government have had to consider in their formal response to the select Committee, recommendation 1 concerned ministerial diary disclosure in light of a meeting between Premier Chris Minns and ATC executive Steve McMahon, an old colleague and friend of the Premier, where the sale idea was first raised,

Recommendation 3 surrounded the review of the Act detailed above, while Recommendation 4 suggested “the NSW Government have regard to the animal welfare issues raised in this report and the recommendations made in the 2021 report of the Thoroughbred Aftercare Welfare Working Group: The most important participant—A Framework for Thoroughbred Welfare.”

The final recommendation was centred on the Parliamentary Evidence Act 1901, and the importance of witnesses giving “direct and honest evidence at all times.”

There were also 10 findings in the final Select Committee report that the government will respond to.

Among them was criticism of the alternate Brick Pit site at Sydney Olympic Park as a viable alternative for a western suburban racecourse. It was confirmed last week that the ATC had abandoned the plan to construct a racecourse at that site.

“We are trying to find any potential conflicts of whoever that person might be and have them be fully independent, but with an understanding of the racing industry. As you might expect, that’s not an easy task” – NSW Racing Minister David Harris

Meanwhile, ATC members are set to be briefed soon about the Rosehill proposal ahead of a full member vote on April 3 at a special general meeting. Under the relevant legislation, the ATC must get over 50 per cent of the vote to progress with any redevelopment and sale.

It has been reported that a member petition designed to unseat current chairman Peter McGauran before that meeting. put together by the Save Rosehill group, has been rejected for consideration due to duplicate signatures and other problems.